Arson.

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  • (1) A person is guilty of arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:
    • (a) any property with intention of defrauding an insurer; or
    • (b) the property of another.
  • (2) A violation of Subsection (1)(a) is a second degree felony.
  • (3) A violation of Subsection (1)(b) is a second degree felony if:
    • (a) the damage caused is or exceeds $5,000 in value;
    • (b) as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury as defined in Section 76-1-601;
    • (c)
      • (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and
      • (ii) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (1)(b).
  • (4) A violation of Subsection (1)(b) is a third degree felony if:
    • (a) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
    • (b) as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury as defined in Section 76-1-601;
    • (c) the fire or explosion endangers human life; or
    • (d)
      • (i) the damage caused is or exceeds $500 but is less than $1,500 in value; and
      • (ii) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (1)(b).
  • (5) A violation of Subsection (1)(b) is a class A misdemeanor if the damage caused:
    • (a) is or exceeds $500 but is less than $1,500 in value; or
    • (b)
      • (i) is less than $500; and
      • (ii) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (1)(b).
  • (6) A violation of Subsection (1)(b) is a class B misdemeanor if the damage caused is less than $500.




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